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HomeMy WebLinkAbout2011-08-02 Planning Board Supplemental Materials (28) Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION – LAND DISTURBANCE PERMIT Any appeal shall be filed within (60) days after the date of filing this notice in the office of the Town Clerk. Date: August 2, 2011 Date of Hearings: June 21, 2011, July 19, 2011, August 2, 2011 Date of Decision: August 2, 2011 Petition of: Tom Patenaude, 100 Salem St., North Andover, MA Premises Affected: 140 Academy Road (at Steven’s St./Great Pond Road intersection), North Andover, Massachusetts, 01845, Assessor’s Map 96, Parcel 33 and located in the Residential 3 Zoning District. Referring to the above application for a Land Disturbance Permit from the requirements of the North Andover Bylaw, Chapter 160 and the requirements of the North Andover Planning Board’s Stormwater Management and Erosion Control Regulations. So as to allow the construction of five (5) new, single family residences, including the construction of driveways, the installation of stormwater management infrastructure, the installation of underground utilities, connections to existing water and sewer service and substantial grading in the R-3 Zoning District. nd APPROVE Land After a Public Hearing given on the above date, and upon a motion by and 2 by X to the Disturbance Permitunanimous in favor as amended and based upon the following conditions. Vote was of the application Planning Board John Simons, Chairman Timothy Seibert Michael Colantoni 1 140 Academy Road Map 96, Parcel 33 Land Disturbance Permit August 2, 2011 The Public Hearing on the above referenced application was opened on June 21, 2011 closed by the North Andover Planning Board on August 2, 2011. On August 2, 2011, upon a motion made by X and seconded by X to GRANT a Land Disturbance Permit to construct five (5) detached single-family homes with related grading, driveways and utilities, including a sewer extension within Steven’s Street, on a parcel of land with an address of 140 Academy Road. The parcel consists of 5 lots with a total area of approximately 3.6 acres. The Stormwater Management features consists of a graded swales along the front of each lot, with an enhanced crushed stone infiltration subdrain; sloped driveways, with driveway swales and culverts. The Stormwater Improvements within the Right-of-Way on Academy Road include additional flood storage excavation at the corner of Steven’s Street and Great Pond Road, with a new deep sump catch basin to replace the existing catch basin at this location; a renovated culvert with a new deep sump catch basin in front of lot 5. This Special Permit was requested by Tom Patenaude, 100 Salem Street, North Andover, MA 01845 on May 4, 2011. The applicant submitted a complete application, which was noticed and reviewed in accordance with Chapter 160 of the Town of North Andover Bylaws. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A Land Disturbance Permit issued by the permit granting authority requires a majority vote of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 249, Section 4 to appeal to this decision within sixty days after the date this decision has been filed with the Town Clerk. In accordance with Chapter 160, Section 5.I, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria is met. This decision specifically stated by the Planning Board makes FINDINGS OF FACT: the following 1) The proposed project entails the disturbance of more than one acre of land and is therefore subject to the EPA’s NPDES Phase II Construction General Permit, and thus is fully subject to the MA DEP Stormwater Standards under the North Andover Stormwater Management and Erosion Control Bylaw, Chapter 160 of the Town of North Andover Bylaws. 2) In granting this Permit, the Planning Board has determined that the project complies to the maximum extent feasible with DEP Standards and that it will not negatively impact downstream resources. The project incorporates several improvements to the existing town drainage system that will provide a net benefit to the stormwater management in the area and in particular, improvements to stormwater drainage within the Town’s Right-of-Way in Steven’s Street. The Planning Board bases this finding on the following facts: a) The project area contains steep slopes adjacent to the corner of Steven’s Street and Great Pond Road, which is an area that has been prone to flooding conditions during certain storm events. The final design improves stormwater management in this area and a will provide decrease in flooding and ponding of water on Steven’s Street, through the implementation of Best Management Practices that reflect extensive discussions between the Town and the applicant to ensure the control of the volume and rate of stormwater runoff. b) The construction has been reviewed by Town Staff, including the Town Engineer and the Town’s consulting engineer, Lisa Eggleston, and with the application of the Best Management Practices and 2 140 Academy Road Map 96, Parcel 33 Land Disturbance Permit August 2, 2011 modifications to the drainage and stormwater management designs, the consultant concluded that there will be significant improvements to the town’s drainage system and a net benefit to stormwater management in the area. See letters from the applicant dated June 29, 2011 and a letter from L. Eggleston dated July 14, 2011. The applicant addressed all of the concerns and issues stated in the stormwater review and revised the plan as follows: i) An area within the Right-of-Way at the corner of Steven’s Street and Great Pond Road will be excavated and enlarged to provide temporary stormwater storage. ii) The existing catch basin in front of Lot 2B will be replaced with a new deep sump equipped with a vented oil and debris trap and “beehive” grate cover. iii) The existing culvert under Steven’s St. in front of Lot 5 will be lowered and the pipe will be replaced with a larger pipe. Another deep sump catch basin with an oil and debris trap will be installed. On the outlet side a rip-rap forebay will be installed to disperse water volume. iv) The driveways will be sloped to pitch to a swale to be constructed at the side of each driveway, to avoid run-off onto Steven’s Street. A bituminous concrete berm will also be added to each driveway to divert runoff. v) A retaining wall with 4” perforated PVC ‘weep holes’ located every 50’ will be installed in the rear of the dwelling units on lots 3B, 4, 5 and 6. A retaining wall will also be installed in the rear of the parcel, up gradient from the proposed dwelling units. c) The proposed dwelling units will be connected to the Town sewer and water systems. d) The applicant has provided an Operations and Maintenance Plan, and Erosion and Sedimentation Control Plan. In accordance with Section 160-1.B of the North Andover Bylaws, the Planning Board makes the following FINDINGS OF FACT: a) The Best Management Practices to be employed on the site ensures that soil erosion and sedimentation control measures will be incorporated into the design and that the rate and volume of stormwater runoff will be managed. b) The proposed use protects groundwater and surface water from degradation or depletion to the maximum extent possible and ensures adequate long-term operation and maintenance of stormwater Best Management Practices; c) The proposed use prevents pollutants from entering the municipal and private storm drain systems; d) The applicant has complied with state and federal statutes and regulations relating to stormwater discharges; Upon reaching the above findings, the Planning Board approves this Land Disturbance Permit based upon the SPECIAL CONDITIONS: following 1) Permit Definitions: a) The “Locus” refers to the 3.6 acre parcel of land with frontage on Academy Road as shown on Assessors Map 96, Parcel 33, and also known as 140 Academy Road, North Andover, Massachusetts. 3 140 Academy Road Map 96, Parcel 33 Land Disturbance Permit August 2, 2011 b) The “Plans” refer to the plans prepared by Andover Consultants, Inc., dated November 10, 2010 and revised to April 21, 2011 and June 27, 2011, entitled “Existing Conditions Plan Stevens Street North Andover, MASS”, for 140 Academy Road, located in North Andover, MA, prepared for Tom Patenaude. c) The “Project” or “140 Academy Road” refers to the construction of five (5) new, single family residences, including the construction of driveways, the installation of stormwater management infrastructure, the installation of underground utilities, connections to existing water and sewer service and substantial grading in the R-3 Zoning District. d) The “Applicant” refers to Tom Patenaude, the applicant for the Land Disturbance Permit. e) The “Project Owner” refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a Public Hearing and Modification by the Planning Board. 3) PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK a) A performance guarantee bond of ten thousand dollars ($10,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent environmental monitor who shall be chosen in consultation with the Planning Department. The monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. c) A Slope Stabilization Bond in the amount of ten thousand dollars ($10,000) to be held by the Town of North Andover. The Slope Stabilization Bond shall be in a form of a check made payable to the Town of North Andover that will be placed into an interest bearing escrow These monies may be utilized by the Town to ensure the stabilization of the slopes. account. These monies or the balance thereof will not be released until three years from the date of completion of slope construction. For purposes of this section, “date of completion of slope construction” shall be defined as the date that the Town’s Environmental Monitor certifies in writing to the Planning Board that the slopes and associated retaining walls have been constructed in accordance with approved plans and this decision. Furthermore, the Town’s Environmental Monitor shall not make this determination until a joint site visit has been scheduled with the Planning Planner. d) All drainage structures located on individual lots, including bio-retention areas, infiltration basins, grassed swales and drainage channels will be maintained in perpetuity by individual lot owners, with the terms of ownership and maintenance to be documented in the respective deeds for each lot in the subdivision. 4 140 Academy Road Map 96, Parcel 33 Land Disturbance Permit August 2, 2011 e) In consideration of the approval of the Plan, there is to be no further division or subdivision of a part or portion of the parcel. This restriction is to be documented in the respective deeds for each lot on the plan. f) All drainage, water and sewage facilities designs shall be approved by the North Andover Division of Public Works. g) The applicant must obtain a drainage easement for the Town of North Andover for stormwater drainage on to property located at O Stevens Street, Assessor’s Map 96, Lot 2. h) A Construction Sequencing Schedule must be submitted for signature by the Town Planner. i) The applicant shall provide an updated Construction Stormwater Pollution Prevention Plan (SWPPP) that reflects all changes incorporated into the plans dated April 21, 2011 and that also incorporate the Erosion and Sediment Control Criteria, as outlined in Section 8.2 of the North Andover Stormwater and Erosion Control Regulations. j) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. k) Easement documents, deed restrictions, and maintenance agreements concerning the drainage structures must be submitted and reviewed and approved by Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity. a) The record plans and the Stormwater Management Permit must be endorsed by the Planning Board and both this decision and the plans must be recorded by the applicant at the Registry of Deeds prior to any commencement of work under the Permit. b) Yellow “Caution” tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. c) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. d) A pre-construction meeting must be held with the developer, their construction employees, Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. 4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT a) A Plot Plan for the lot in question must be submitted to include the following: a. Location of the structure b. Location of the driveway c. Location of all water and sewer lines d. Any graded called for on the lot e. Location of drainage, utility and other easements. b) All appropriate erosion control measures for the lot shall be in place. 5 140 Academy Road Map 96, Parcel 33 Land Disturbance Permit August 2, 2011 c) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain line during construction. d) The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. e) Lot numbers, visible from all roadways must be posted on all lots. 5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant is required to install a final pavement overlay on Steven’s Street, starting at the last cross trench near Great Pond Road, extending to the existing sewer manhole in Steven’s Street, approximately 300’ northeast of the northern most point of lot 6. This work must be inspected and approved by the Department of Public Works. b) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. c) All activity, exclusive of maintenance required in perpetuity, permitted by the Land Disturbance Permit must be completed within two years of permit issuance. Extensions of time can be granted by the Planning Board upon formal written request by the applicant, in accordance with Section 160.5.M of Town of North Andover Bylaws, Chapter 160, Stormwater Management and Erosion Control Bylaw. d) The Planning Board will issue a Certificate of Completion upon receipt and approval of final reports and documentation as outlined in the Regulations and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with the Stormwater Bylaw. The Certificate of Completion shall be recorded at the Essex North District Registry of Deeds (or Registry of District of the Land Court, if registered land) at the applicant’s expense and proof of recording provided to the Planning Board. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: A) Plan Titled: Existing Conditions Plan Stevens Street North Andover, Prepared for: Tom Patenaude 100 Salem Street 6 140 Academy Road Map 96, Parcel 33 Land Disturbance Permit August 2, 2011 North Andover, MA 01845 Prepared by: Andover Consultants, Inc. 1 East River Place Methuen, MA 01844 Scale: 1” = 20’ Date: November 10, 2010 and revised April 21, 2011, June 27, 2011 and July 26, 2011 Sheets: 6 B) Plan Titled: Erosion & Sediment Control Plan Stevens Street North Andover, MASS Prepared for: Tom Patenaude 100 Salem Street North Andover, MA 01845 Prepared by: Andover Consultants, Inc. 1 East River Place Methuen, MA 01844 Scale: 1” = 20’ Date: November 10, 2010 and revised April 21, 2011, June 27, 2011 and July 26, 2011 Sheets: 1 C) Stormwater Pollution Prevention Plan, 140 Academy Road at Stevens Street, North Andover, Massachusetts. Dated April 21, 2011. D) Supplement to Stormwater Report, 140 Academy Road at Stevens Street, North Andover, Massachusetts. Dated June 28, 2011. cc: Town Engineer Building Inspector Conservation Administrator John Carney, NAPD Fred McCarthy, NAFD Applicant Engineer Assessor’s Office File 7